144 results for 'cat:"Negligence" AND cat:"Contract"'.
J. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: Arbitration, negligence, contract
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade, negligence, contract
J. Bryan finds for a company on an electrical engineering firm and its owner's negligence and contract action arising after the owner's email was hacked and he wired $245,000 to the hacker, rather than the company from which he believed he was buying electrical cable. The owner fails to show the company owed him and his firm a duty of care, nor does he show he sent payment to the company to support his contract claim.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: March 11, 2024, Case #: 4:22cv4435, NOS: Other Contract - Contract, Categories: negligence, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Johnston denies the roofing contractor's motion to dismiss the property management company's beach of contract suit claiming the negligence of the contractor's employees caused a new roof they were installing on the building leased by U-Haul to catch fire, eventually destroying the entire building. The contractor's argument using the West Virginia's "gist of the action doctrine" is unpersuasive, as the West Virginia Supreme Court has long recognized "an independent duty - sounding in tort - to prevent and mitigate accidental fires...[that] exists entirely independent of the parties’ contractual relationship."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: February 29, 2024, Case #: 5:23cv339, NOS: Other Contract - Contract, Categories: Tort, negligence, contract
J. Brimmer declines to find that an oil company's indemnification agreement with a gas drilling company was void in claims brought against the gas company after a subcontractor was "severely burned and shocked" upon connecting wires at a work site, as the master service contract does not constitute a construction agreement. The oil company's request for a declaratory judgment was not premature since the court would not make findings concerning the subcontractor's state negligence claims.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 27, 2024, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: negligence, Indemnification, contract
J. Baker dismisses the individual's and the individual's company's claims in a negligence action against the bank arising from the bank's alleged failure to recognize the individual's right of rescission in contracts for the purchase of vehicles. The company cannot proceed pro se and failed to retain counsel even after being directed to do so. The individual lacks standing to assert the claims in her personal capacity because the claims rest on contracts that were executed only by the company.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 15, 2024, Case #: 4:23cv3, NOS: Other Contract - Contract, Categories: negligence, contract
J. Jones grants the employer's motion to dismiss with respect to a breach of contract claim in a class action brought by the employee arising from a data breach in which hackers accessed current and former employees' personal information. The employee failed to show that the employer indicated an intention in any document to protect his personal information. However, the motion is denied as to the class's negligence claims. The employee plausibly alleged that the hack and the type of stolen information raise a risk of identity theft and that a substantial and imminent risk of future harm exists.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: February 9, 2024, Case #: 1:22cv3640, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Class Action, contract
J. Hardy dismisses a home builder’s breach of contract and negligence claims against the lumber company that provided moist, and eventually moldy, materials for the builder's personal house. The homeowner lacks standing because the contract was with his company, which ultimately owns the house, not the home builder as an individual.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: February 8, 2024, Case #: 2:20cv1763, NOS: Contract Product Liability - Contract, Categories: negligence, Product Liability, contract
J. Jewell finds that the trial court improperly denied the trampoline park's motion to compel arbitration of a personal injury suit brought by the mother of a minor child who hurt his foot at its facility. The arbitrator must decide the issue of whether the prior release and indemnification signed by the mother applied to the subsequent visit when the child was injured since it relates to the scope of the agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 8, 2024, Case #: 14-23-00090-CV, Categories: Arbitration, negligence, contract
J. Carlyle finds that the lower court improperly awarded damages to the plaintiff food company on its negligence claims against two poultry suppliers. The award is precluded by the economic loss rule. Also, the chicken tender manufacturer's cross-claims for breach of contract against the poultry suppliers were not supported by sufficient evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 2, 2024, Case #: 05-22-01231-CV, Categories: Agriculture, negligence, contract
J. Windhorst finds that the trial court properly granted a creditor's motion for no cause of action on a debtor's negligence claim related to the creditor improperly disbursing money to the debtor's contractor for remodeling work. In this case, the debtor signed an authorization to immediately disburse the funds to the contractor after signing the loan documents. Further, the debtor does not show that she signed the loan and authorization under duress. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-174, Categories: Bankruptcy, negligence, contract
J. Pappert denies in part a paramour’s motion to dismiss his former girlfriend’s suit alleging breach of contract as he failed to pay half of the financing and expenses of a home they had purchased in Bryn Mawr, Pennsylvania, after he moved out and ended the relationship. The girlfriend has sufficiently alleged breach of contract.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: January 11, 2024, Case #: 2:22cv4387, NOS: Other Contract - Contract, Categories: Consumer Law, negligence, contract
J. Hollander denies an attorney and law firms’ motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. The client has sufficiently alleged a claim to satisfy the standard that the attorney and its firm did in fact attempt to collect pre-petition debt.
Court: USDC Maryland, Judge: Hollander, Filed On: January 9, 2024, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: negligence, Legal Malpractice, contract
J. Arterburn finds the district court improperly found for a contractor on a food producer's negligence claim against a contractor for the mishandling of manure that allegedly led to an outbreak of disease among the producer's hogs. Contrary to the district court's finding, the contractor owed the producer a general duty of care. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-23-116, Categories: Agriculture, negligence, contract
J. Hendrickson finds the lower court properly awarded compensatory damages to the logistics company against a delivery driver arising from a store's rejection of a load of ice cream because it had melted. Evidence, including black box data from the truck driver's refrigeration unit, clearly proved the driver was at fault for the melted ice cream, which was damaged when he chose cycle, rather than continuous, mode on the refrigerator, which shut off while he waited for the warehouse employees to empty the trailer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: December 18, 2023, Case #: 2023-Ohio-4585, Categories: Damages, negligence, contract
J. Jenkins finds that the trial court properly denied a security company's motion for partial summary judgment on the issue of liability for a doctor's claim that he was injured when two security guards removed him from a hospital. The doctor alleges that the security company hired the security guards and directed them to take the actions resulting in his removal from the hospital. Therefore, the doctor's allegation could support a cause of action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 18, 2023, Case #: 2023-CA-0415, Categories: negligence, contract